Common Law

[chico2663]

Is there such a thing in the Phillipines? If so does anyone know the law? Someone brought it up in another forum.

Edited May 18, 2015 by chico2663

[Dave Hounddriver]

There is no common LAW but almost everyone knows what a common law relationship is in a colloquial manner.There are laws dealing with property rights and child support in the case of non married (living together) people who separate but they are selectively enforced and he/she who has the best lawyer wins.

 

Such is my opinion and my observations on the matter.  :3_12_31[1]:

 

Example:

Article 144. When a man and a woman live together as husband and wife, but they are not married, or their marriage is void from the beginning, the property acquired by either or both of them through their work or industry or their wages and salaries shall be governed by the rules on co-ownership.

 

http://www.lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

Edited May 19, 2015 by Dave Hounddriver

[jon1]

I agree with Dave, all laws are selectively enforced by the people with money or people seeking money.

 

Here is an article on common law marriage http://jlp-law.com/blog/common-law-marriage-live-in-relationships-in-philippines/

[Jack Peterson]

Posted Today, 08:47 AM I agree with Dave, all laws are selectively enforced by the people with money or people seeking money.   Here is an article on common law marriage http://jlp-law.com/b...in-philippines/

 

In all Honesty, I can't see any of this applying to a Foreigner, Gosh we married folk have hard enough time to get and maintain what we have, just don't see a "Common Law" situation coming to any reasonable conclusion but then, I have been wrong before.

 

JP :tiphat:

[Methersgate]

The Philippines legal system seems odd to people brought up in a common law system such as US or English law, because it is a hybrid system. The original system of law was of course Spanish, and a surprising number of Spanish laws remain on the books, and many Spanish concepts are still in use.

 

A "layer" of common law terms and procedures and laws were then added on top, so to speak, during the American administration, and that is the system that endures to this day, with an ever increasing number of new laws. 

[Thomas]

The Philippines legal system seems odd to people brought up in a common law system such as US or English law, because it is a hybrid system. The original system of law was of course Spanish, and a surprising number of Spanish laws remain on the books, and many Spanish concepts are still in use.

And the Spainards made laws, which protect the RICH to assist them keeping the power...  :bash:

[Methersgate]

 

The Philippines legal system seems odd to people brought up in a common law system such as US or English law, because it is a hybrid system. The original system of law was of course Spanish, and a surprising number of Spanish laws remain on the books, and many Spanish concepts are still in use.

And the Spainards made laws, which protect the RICH to assist them keeping the power...  :bash:

 

Yes, of course! It was a COLONIAL legal system!!! 

There are some useful articles on the Philippines legal system in Wikipedia - here is one:

http://en.wikipedia.org/wiki/Philippine_criminal_law

A good example of the way the system works is the crime of estafa.

This ought to mean fraud, but take a look at 2© here:

http://philippinelaw.info/revised-penal-code/article-315_swindling-estafa.html

Pretending to have bribed a Government employee!

 

[Thomas]

This ought to mean fraud, but take a look at 2© here: http://philippinelaw...ing-estafa.htmlPretending to have bribed a Government employee!

It's remarcable (almost) all Phil politicians aren't in jail for 20 years  :mocking:

[Methersgate]

Ah, but the crime is "pretending to have bribed a Government Employee". Not actually bribing someone, but pretending to have bribed them when in fact you were too kuripot to do so!

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[Methersgate]

Here is another interesting law; a Filipino friend just sent it to me;

Philippines Article 332 of the Revised Penal Code states that “No criminal, but only civil liability shall result from the commission of the crime of theft, swindling, or malicious mischief committed or caused mutually by the following persons: 1. Spouses, ascendants and descendants, or relatives by affinity in the same line; 2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and 3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

As to why the offended party cannot pursue criminal charges, it is on the ground of preserving family harmony and solidarity.

So your wife and her family can cheat you and steal from you and they do not commit a crime...

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